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2026 DAILYLAW 51799 (KAR)

MASJID-E-AMEENA EDUCATION AND CHARITABLE TRUST v. KARNATAKA STATEBOARD OF AUQAF

WP/37738/2025 · 2026-01-05

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:51 WP No. 37738 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37738 OF 2025 (GM-WAKF) BETWEEN: MASJID- E- AMEENA EDUCATION AND CHARITABLE TRUST DEVABEESANAHALLI, BEHIND INTEL VARTHUR HOBLI, BELLANDUR POST BENGALURU-560103 REPRESENTED BY ITS SECRETARY ISMAIL AZAD SHEIKH. …PETITIONER (BY SRI. MOHAMMED AKRAM UPPINAL., ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE) AND: 1. KARNATAKA STATE BOARD OF AUQAF NO. 6 CUNNINGHAM ROAD, BENGALURU-560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:51 WP No. 37738 of 2025 2. DISTRICT WAKF OFFICER HAMEED SHAL COMPLEX CUBBONPET MAIN ROAD BENGALURU-560002. 3. MASJID-E-AMEENA (SUNNI) DEVARABEESANAHALLI-560103 BENGALURU SOUTH DISTRICT BENGALURU URBAN SOUTH DISTRICT REPRESENTED BY ITS PRESIDENT. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE REGISTRATION CERTIFICATE BEARING NO.KSBA/REG/01/BNU(s)/2021-2022 DATED 14.02.2022 ISSUED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-F; (II) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 29.11.2023 BEARING NO. KSBA/SOA/02/BNU(s)/23-24 PASSED BY THE RESPONDENT NO.1 APPROVING THE SCHEME OF ADMINISTRATION OF RESPONDENT NO. 3 INSTITUTION VIDE ANNEXURE-H; (III) ISSUED WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 04.10.2025 VIDE ANNEXURE-N AND N1, AND DIRECT THE RESPONDENT AUTHORITIES TO RIGHTFULLY ISSUE THE REGISTRATION CERTIFICATE IN THE NAME OF PETITIONER TRUST. - 3 - HC-KAR NC: 2026:KHC:51 WP No. 37738 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, which asserts to be an Educational and Charitable Trust that has purchased 3,600 square feet of land in the years 2013 and 2016, is aggrieved by the issuance of a Registration Certificate dated 14.02.2022 to the third respondent and the approval of the Scheme for administration of the third respondent. The petitioner also seeks directions to the authorities to consider its representation dated 04.10.2025. Mr Mohammed Akram Uppinal, the learned counsel for the petitioner, is heard for disposal of the petition. Mr. Mohammed Akram Uppinal cannot dispute that both the impugned Registration and the approval order can be called in question under Section 83 of the Wakf Act, 1995. This Court, - 4 - HC-KAR NC: 2026:KHC:51 WP No. 37738 of 2025 notwithstanding the petitioner's case that notice preceding the registration mentions one name and the registration is in the name of another [the third respondent with a change in the name] that the petitioner must avail the alternative remedy. Insofar as the representation dated 04.10.2025, this Court must observe that the consideration thereof would be subject to outcome in the appeal that the petitioner may file against the afore registration and the order granting approval for the Scheme. Therefore there is no reason for interference under Article 226 of the Constitution of India, and as such, the petition stands disposed of reserving liberty to the petitioner, subject to all just exceptions, to avail alternative remedy in accordance with law. Sd/- (B M SHYAM PRASAD) JUDGE AN/-